had a great time out here, as usual. please remember, the spin stops here in l.a. because we're definitely looking out for y i'm megyn kelly live in new york and tonight, senate democrats kill the bill aimed at insuring accountability for the va scandal. >> i respectfully object. >> and wait until you see what we learned about the reasons why. plus, is the counsel on american islamic relations or care trying to outsource an outspoken 9/11 member. a woman that sits on the board and then. >> i'm going to give you food stamps -- wait a minute, let me finish the thought. >> finish the thought. >> dr. ben carson is here to talk about his dustup with whoopi goldberg and half the

senate dehamanding the washingt redskins change their name. we just heard from the nfl and you will, too, after a busy night of the "kelly file." >> breaking tonight after a baffling press conference yesterday in which the president claimed he could not weigh in on the scandal rocking his administration until an inspector general report is completed. we know that this president or his top advisors have known about these very problems for a very long time and did shamefully little to make sure they were resolved. good everything and welcome, everyone, to the "kelly file." i'm megyn kelly and we'll take you through it. this isn't about another ig report, inspector general. we already had three, as it turns out, three, all ignored. it isn't about an audit. we had one of those, too. it's not about confirming the existence of these problems. they have all been well-documented for years. there is precious little new in

the scandal that the administration seems so baffled by this month. what we haven't had is accountability and follow through. we'll take you through the timeline. back to 2008. right after the presidential election, the obama transition team is warned they should not trust the patient wait times that are being reported by the va facilities. this report highlights the systemic problems. it mentions little action was taken to address this problem under the bush administration. in april of 2010, the problem is still bad enough that the top va guy sends a memo to all the regional directors at the va calling for immediate action to review scheduling practices and eliminate gaming of the system to hide long wait times. he goes through some of the very things the phoenix va was found guilty of doing or alleged to have done this month alone.

this is back in 2010, specifically found that they were having two lists, one bogus, one that was real. flash forward to may of 2012. the senate holds a hearing, the senate holds a hearing on the problematic, long, ridiculously long waits for care at va facilities. listen to this witness. >> like many va medical centers, the over riding objective at our facility from top management down was to meet our numbers, meaning, to meet our performance measures. the golfs to see as many veterans as possible but not necessarily to provide the treatment needed. >> patty murray followed thaup hearing with a bill specific recalling for policy changes to address how employees were playing games with the wait lists. it passed, president obama signed it. seemingly, nothing happened. a va spokesman said i never heard about that law. a va spokesman.

seven months later, another report warning the reported wait times are still unreliable, do not trust them. january of 2013, house veterans affair committee chairman jeff miller writes to secretary shinseki, please brief us he says on the va's plan to approve medical appointment wait times and scheduling. a couple months later, may of 2 2013 chairman miller writes and ccs shinhinseki, he is yelling help. just today, one year later, secretary shinseki issues a statement talking about how allegations of misconduct have just surfaced over the last several weeks beginning with phoenix. what? and the president? >> when i hear allegations of misconduct, any misconduct, whether it's allegations of va

staff covering up long wait times or cooking the books, i will in the stand for it, not as commander in chief, but also not as an american. >> jeff miller is a florida republican and he is the chairman of the house veterans affairs committee. as far as i can see, chairman miller, you are among a precious, preciously small group of people who have been jumping up and down over the past few years trying to get somebody to pay attention to you overall of the issues that we've been discussing this week. there is precious little new, is there not? this has been on going for years. >> this has been going on for years and of the course, immediately the obama administration wants to say this goes back to the bush administration and that may be true, but this secretary has been in office now for well over five years and has had an opportunity to make a difference and hasn't done it and the

agency has continued to grow. the issue of wait times has been around for a considerable amount of time but just recently, the deaths have been brought forward, especially in places like south carolina, augusta georgia, memphis, tennessee where veterans were put on waiting lists and died before they could get the service. >> but i saw, i saw you write to the president a year ago, may of 2013 i read your letter talking about deaths back then, due to wait times, addressing failures and management, failures in leadership, failures in oversight concluding that some of these issues contributed to a suicide of a veteran patient and the overdose deaths of two others. you urged the president to weigh in personally and you told me earlier this month you received no response. when you see the commander in chief and general shinseki come out and act like this is all new to them and if only they can get

the resolution of this latest ig report, then they can finally do something, what is your reaction? >> well, my reaction is, of course, you may wait for the ig report to do something with secretary shinseki, but this is a system i can problem, life and death issue. the president should have come out and said i am going to allow any veteran on a waiting list to receive the medical care that they have earned to go outside of the va network and get it on the private market. look, nobody is saying that the whole system itself doesn't provide quality health care because it does once you get inside the system, but they have set unrealistic goals, goals unfortunate that people have found ways to game around the system and we're finding some of the most ingenius ways you could have ever imagined where staff has found ways to hit that 14-day goal so that they look good, not only to the visitening but regional office and central

office in washington, as well. >> i know you haven't called for secretary shinseki to resign. how can you not? i'm not advocating a position, but how can you not when you are jumping up and down and writing to him and the president and you outlining veterans' deaths as a result of the failures in the system, how can you not be calling for his regular ssignat? >> i've been calling for transparency -- >> that's not an answer. >> getting rid of secretary shinseki is not going to solve the problem. there is a problem within the department of the veterans affairs, removing him may be a one-day story but you'll have veterans not receiving the health care they have earned. >> this is so much worse than it first looked, the phoenix situation was just the straw that broke the camel's back but this thing has been around for years and to your credit, you

have been jumping up and down about it. chairman miller, thanks for being here. >> thank you, megyn. >> so again, this week, congress took another run at trying to fix some of these problems at the va, trying to allow for greater accountability by allowing firings to be easier. the house yesterday passed the va management accountability act by a wide margin. a bill the white house has not said it will sign. and one that secretary shinseki said he opposed and when the senate took up a similar bill, this from senator rubio, democrat bernie sanders killed it. blaming the fact that he hadn't read it. >> the senate up from florida knows we have not held a hearing on this legislation, and some of us are old fashioned enough to know that maybe folks in the senate might want to know what is in the bill before we voted on it. >> independent bernie sanders, i should have said. you need to read it.

fair concern, senator. this bill is three pages long. three pages. so busy, senator sanders, so busy, you can't read the three pages. mark is a fellow at the american enterprise institute. mark, it's the disinagainousness reeks. >> it does. and i wish he told speaker pelosi we should read bills before we pass them. that would have been helpful in obamacare. >> not really, two and a half if you look. >> this is ridiculous. sen tomorrator sanders is doing bidding. it's about money, public worker union money. there are civil service regulations in place that are so strict it's virtually impossible to fire a career employee. >> even if they stink. >> even if they stink. senator coburn documented we lost 2.5 million days of civil service work for people who just don't show up to work and don't get fired. you cannot fire a federal worker

because the public sector union workers have made it impossible and so what is happening here is democrats are put in a position where they have to choose between two consit web sees, the public worker unions one of the single largest contributors to the democratic party. >> didn't seem to be a problem for those who voted overwhelmingly on this bill. >> the 33 that voted against it is a member of the democratic leadership. look, i'm speculating here but it may have been known that they could vote for this as a free vote because senator sanders is going to take the bullet in the senate and kill this. they get to cover and say we voted for this but senator sanders who took $250,000 from the union is standing in the way and going to kill this in the is that the -- senate. >> even if when you have dead veterans, that's not enough to say you need to have real changes. it goes beyond.

senator sanders doesn't like this bill. he can't find time in his schedule to read two and a half pages but it goes beyond that, mark, because we out laid with chairman miller for years, for years they refused to take this seriously and it's not just president obama but the past six years have been on his watch. >> no, that's absolutely true. for senator -- congressman miller is a key solution, which is giving the cabinet secretary the power to fire incompetent workers responsible. if va workers and va senior executives were worried about getting fired, we wouldn't have abuses because they would be worried about consequences. there is a culture of impunity in government bureaucracies that allows the abuses to happen. we seen it in the gsa, irs and va. if you can't fire somebody for gross incompetence, including the death of veterans, the death of veterans can't get us to the point then we're in a sad place

and the public worker unions run the country, not the government. >> even when their behavior is repeatedly called out as prohibited by inspector general reports and so on, even when they are found to have violated the internal mandates they can't be fired. mark, good to see you. >> thanks, megyn. >> right? while that va bill is on hold, half of the united states senate did tonight find time to push for the washington redskins to change its name. oh, good, they are getting down to business. we'll show you how the nfl is responding to that. plus dr. ben carson is next to talk about his run ins with whoopee goldberg. >> let me put it this way, if you rob someone of their incentive to go out there and incentive to go out there and improve [ female announcer ] there's a gap out there. that's keeping you from the healthcare you deserve. at humana, we believe if healthcare changes,

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plus, enter promo code memorial50 for an additional $50 off. (gnome) go and smell the roses. . new reaction tonight after a conservative favorite fires up the crowd at the "view" getting serious applause as he explains why he believes america's welfare system hurts americans but his comments didn't go over well with co-host whoopee goldberg, watch. >> let me put it this way, when you rob someone of their incentive to go out there and

improve themselves, you're not doing them favors. when you pat someone on the head and say there, there you little thing i'll give you foot stamps and a house -- >> but -- >> wait a minute. let me finish the thought. let me give you housing subsidy and free health care and it's those people over there -- wait, wait a minute. >> we got to do it quick because we're almost close to wrap. >> so what would be much more empowering is to use our intellect and resources to give those people a way up and out. >> i agree. >> okay. let me just speak to this before we go, as a former welfare mother, very few people want to be on welfare, very few want to walk with their kids and take food stamps. most people would rather work. i don't feel bad about being a welfare mother because i contribute as an american. that's what we do. because the welfare system is so bizarre, you can't work. they don't allow you to work

because they take the money from you. if we fix the system so it doesn't hurt the people, maybe it will get better. thank you dr. ben carson. >> dr. ben carson is a fox news contributor and pediatric neuro surgery at pediatrics hospital, "one nation what we can do to save america's future." i spoke with him earlier. do you think that people who are on welfare want to be on welfare? >> i think some do. i think some people have that as a way of life. it was -- it's generational. it's inner generational and after the great progress that we made after the struggles of the civil rights movement, i think perhaps the worst thing that happened is a lot of some well-mwell well-meaning and some not well-meaning were pate yiezing these individuals and said you can't really do anything and we'll take care of you, you'll be okay. in some cases it was to aswag

their guilt and in some cases they felt they couldn't. >> your speaking in part to people of color because you said do you think the welfare system is racist and a race element, how this was born and there are so many minorities on welfare today. >> there are more whites on welfare than there are people of color, at least black people, but it doesn't really matter, because what is happening is we're going from a can do society to a what can you do for me society. that never leads to the elevation of a society. that always leads to the decline of a society. >> whenever you start to say something like that, you get a response like we heard from whoopee, people struggling need a bridge. they need some help to get them through over to the other side. >> i'm happy for people who truly need help to get help, and like i said before, you know, we have the ability in this nation to get the economy moving.

i actually believe that perhaps some of the things that are going on right now, which could be easily remedied are not in order to keep the economy depressed because there would be no appetite for many of the social programs if people were doing -- >> what do you think like president obama and his colleagues are up there saying how can we keep unemployment high and the american society down? >> i think there may be some people, i don't know exactly who they are, but it seems to me like it would be relatively easy to fix some of this. everybody agrees, the president have said, the republicans have said, the democrats have said our corporate tax rate the highest in the world needs to be lowered. have they lowered it? no. have they done anything about our ridiculous taxation system? no. do they talk about it? yes. >> are you somebody who plans on throwing his hands in the ring to fix some of these things? >> you know, we'll see what happens. >> hmmmm, we'll see.

dr. carson, we shall see indeed. good of you to be here. >> thank you. >> all the best. >> all right. we're also tracking now reports tonight of a surge in children trying to cross into the united states. we'll show you the drama this is creating on the boarder plus up next, the elementary school getting national attention for asking young students to do their best to try to minimize their best to try to minimize the competitive

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♪ ♪ well, an elementary school in michigan send as flier home to parents suggesting that the kids' annual field day should be quote enjoyable for everyone,

which apparently means keeping the competition to a minimum. that immediately got the attention of some folks who see a larger pattern emerging here. dana lash is host of "dana" and endel brown is an attorney and children's advocate. here is the quote of the elementary school shs since we believe that all of our children are winners, the need for athletic ability and the competitive urge to win will be kept to a minimum. dana, and they should get used to not having that urge. >> to me it sounds like success, shaming, megyn. i don't understand why anybody would want to bring this abuse and teach them competition isn't a healthy or good thing. when i was in elementary school, field day was the best day of the year. we looked forward to it, i

looked forward to it. healthy competition is great, you want your kids to enjoy that. i don't know why anyone would want to rob a child of motivation and learning how competition is fun. >> just because you lose endel doesn't mean you're a loser. losing something that happens in life, why not let it happen in a safe environment like field day where kids can get used to it and understand it in a familiar setting? >> we're talking about field day and field day is fun, not to highlight the dichfferences between an athlete and non-athlete. the kid that picks up a bat for the first time should be the same as a kid that has a coach -- >> god forbid they feel uncomfortable. >> it not about feeling uncomfortable. we're not trying to shape as dana said those children that may not be athletically inclined

as others. >> you're completely shaming them. it's a form of child abuse. i have kids athletic. >> child abuse? >> yeah, it's a form of child abuse. i was athletic in school. i look at it like this, parents should able to teach kids, look, some kids are good at stuff and some suck at things. i was horrible at basketball. i tried out every year, never made the team but i was a varsity track runner. you have to teach kids look, it's okay to not be number one all the time. like talladega nights, sometimes there is second and third. >> that's what wants to make you win more, you feel the frustration but have fun. just because you lose doesn't mean the process is not fun. >> competition has it's place and those who have it will have their place and little league games and basketball camps where

they can get trophies. >> but they are not. >> this is field day. >> let me challenge you on that. so at this school, which is field day, but more and more we're seeing the elimination of competition and the celebration of everyone despite the standard. rhode island, massachusetts called off honors nights because they could be devastating to students who weren't quite honor students, private schools got rid of valedictorians, if i gave you the list that got rid of them you would be horrified. the day is one hour long, so that every kid, every hour can get an award. god forbid not everybody get a trophy. what's the value? >> if everyone is special, than no one is. the incredibles taught us that, i'll quote movie after movie. that's such a disservice to kids. if they can't learn this in school, the world is not going to cater to them. the world doesn't give out pa s participation trophies.

you're handicapping them by teaching sometimes you lose and sometimes you win and losing can be a good thing and a character building thing. we are not allowing our kids that opportunity with this. >> i'll close with a personal an in this case dote, when i was in law school i was in the finals of an appeal let competition and we had dinner with three judges from the highest court in new york state and my partner looked at one and said i already feel like i've won, it's an honor to be here judge and the judge looked at my partner and said second place is losing, son. [ laughter ] >> our panel thank you for being here. >> thank you, megyn. it's not field day, it's elementary school. >> we'll do it all over again another time. who do you think won that debate? >> is the counsel on islam make relations or care trying to silence an outspoken 9/11 family member? a woman who is on the board of the 9/11 museum we will

investigate that plus, half of the u.s. senate is tonight demanding that the washington redskins change their team name. the response from the league next. >> it is daniel snider to try and hide behind tradition, tradition that's what he says in refusing to change the name of a team. tradition of what tradition? tradition of what tradition? ase asked people a simple question: can you keep your lifestyle in retirement? i don't want to think about the alternative. i don't even know how to answer that. i mean, no one knows how long their money is going to last. i try not to worry, but you worry. what happens when your paychecks stop? because everyone has retirement questions. ameriprise created the exclusive confident retirement approach. to get the real answers you need. start building your confident retirement today.

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well, we are tracking a developing story on the southern boarder where the feds had to set up an emergency shelter to due with the huge surge of children crossing the boarder illegally and alone. trace gallagher reports from the west coast newsroom, trace? >> megyn, for the department of homeland security, this is a level four alert for the highest level of kids crossing illegally, we're talking about some kids who were three and four years old that have no adult supervision. they opened a shelter at lackland air force base for up to a thousand minors and will stay up for the least the next four months. even the shelter would be quickly overwhelmed. look at these numbers, in 2011

we had 6,560 apprehended and last year 24,000 and they are this year they expect 60,000 at least. these are kids from central america treated differently than kids from mexico. they have to be turned over to health officials within 7 two hours and the feds try to find family or friends to take them in. last time it was used as a shelter in 2010, texas governor rick perry criticized for encouraging illegal immigration for accommodating them. they say they are mostly fleeing gang violence but processing them and getting them deported is a monumental challenge, megyn? >> trace, thanks. also tonight, half of the united states senate now

pressuring the nfl directly, the league to official recall on the red skins to change the name. sending a pair of letters and suggesting the nfl could learn a thing or two how the nba handled the donald sterling controversy. today they write we urge you commissioner roger gudel and the nfl to send the same clear message as the nba did that racism and bigotry have no place in professional sports. ben is editor and chief of the media watchdog group truthrevolt.org and a sports caster and fox news contributor and simon smith is a columnist and reporter for indian country today. simon, do you agree it's racism and bigotry a kin to what we saw from donald sterling this team name? >> i do because it's one of those situations where again, we're having to explain what racism toward native americans is. it's a slur, it's a dictionary defined slur, so i don't know where the debate is, why it's --

>> you don't see any distinction between what is in somebody's head and heart? do you think the team owner of the redskins is a racist man? >> no, i'm not saying he's a racist man. let's imagine that the name itself was a good, because that's been argued right? it started as a good, but now it's something bad. it's proven to effect the psychology of native american kids. so we're not calling people bad. we're reminding people this is a slur and the reason we're having to remind people is because when it comes to native americans, things like halloween and thanksgiving and playing american indian is fun. now, with the web, we get to say hey, we're here. we didn't die. let's tell you that the redskins is bad. >> uh-huh, but ben, the problem, though, the most recent survey of native americans themselves, which is 2004, showed that something like 90% of them had no problem with the name and 90% of the american people in all surveys consistently in the high 70s, low 80s and 90s had no

problem with the name. >> that's for ben. >> the political games being played are ridiculous. the fact is that 49% of native american kids were not graduating in 2010. only 10% of those were graduating in four years. the senate is focused on the name of the redskins. that's the biggest problem. the name of the washington redskins is about 100then i on issues today. >> what is the league likely to do? gudel spoke on this and didn't seem to find a problem but that wasn't a letter from half of the united states senate. >> well, i don't think the league is going to do anything. in fact, the folks that i have spoken to throughout the league across the board are more irritate that congress with an 8% approval is waiting into this. the one thing sports fans hate and universal, they hate when politics gets involved in

sports. i spoke to the general manage tore get his reaction and the team's reaction. he said this is nothing new, 90% approval rating with native american indians, they support us keeping the name and this has absolutely nothing to do with donald sterling. >> simon -- >> when you wrap it up, megyn, they are not going to change the name. the name is going to stay. >> simon, what about the statistics and polls? >> it interesting. what indians? you have an indian before you. there is tstudies saying this effecteds the psychology of children. we're made of tougher stuff. our kids aren't made of tougher stuff. they grow up like me. i grew up being called an engine. there are schools in colorado, lamar salve. >> what does it mean to denigrate, to say the word? let's take the "n" word for

example, if it's uttered by certain people it's considered offensive, if it's uttered by rappers, for example, it's not offensive. the redskins name was found at a time it was not offensive and most of the nation does not find it offensive and some portion of folks do find it offensive. what makes a name truly derogatory or not? >> just because it's majority doesn't make it right. there was a lot approved but we went past that -- we don't call african americans colored. >> megyn, it's interesting to note when this was designed, it was designed by native americans. the national congress of american indians approved the design and name. so when they say that the polling is wrong, i mean, we have to take the people doing the polls, the associated press have come out with polls. the redskins have done polling. this doesn't seem to be the issue. i understand it may be offensive and if you were naming a team

today, megyn, they would not name the washington team the redskins. >> that's right -- >> wait, let me get ben in here. ben, what do you make of the fact that congress seems -- they have no problem apparently with trying to curtail the speech rights, basically, of a professional football team based on their definition of what is wrong and what is not right. >> it's absolutely absurd. congress should make no law. the spirit would suggest senators should not spend time sending letters. when president obama was inaugurated in 2009, the person that gave the benediction uttered the line the red man should get a head man. i didn't see them complaining about it at the time. it's now when it's convenient they do this to district from other issues. >> bernie found time to sign this letter but didn't read the two and a half page bill. >> gentlemen, thank you-all.

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in a "kelly file" exclusive, reaction to the counsel on islamic relations or care highlighting a campaign to get a 9/11 family member dumped from her position as a member of the 9/11 museum board of directors. the sister of the pilot of one of the hijacked planes flown into the pentagon and a the

co-author for safe and strong america and worked for sometime now to help 9/11 family members and survivors and done a lot to counter act terrorism in this country and yet, the counsel on islamic relations debra appears to want you gone highlighting a push on change.org to get you bounced from the board because of a controversial tweets you sent out. i'll give the audience a flavor of what they are objecting to. here is one, when are citizen gassing to ri-- going to rise ut say that government denial is killing us? they think you are an islam pho -- islamsphobe. >> i said it over and over and over, there is a made up term. there is no such thing as an irrational fear of islam or

muslims when we know that virtually 80% of the terror attacks are created by muslims motivated by what they deem to be an imperative from their religious sacred text, the koran -- >> we saw this exact same thing happen with hirsi ali where care and other groups pushed to get her honorary degree and speaking opportunity revoked from brandeis university because she made controversial comments not about radical islam but islam. now, you seem to speak to islam in the first part of your answer but narrow it to radical islam in the second part. >> one thing i learned in all these years is one of the reasons it's very, very difficult to talk about this is because the people that were up against deliberately make it difficult. they try to obscure the differences between the radicals who impose violence on innocent people and people who follow

sharia to -- there is a -- there is a -- sharia isn't the same in every country. there is different degrees of sharia. there is a sharia which goes to diet, dress, and then there is sharia which imposes harsh punishment on people for adultery, exposure of skin if you're a woman -- >> there is no question that there are millions of peace-loving muslims on the planet. what they don't like a generalization about islam or muslims as radical or islamist or something that would be connected to terror. >> yes, well, i think what the problem is is that they made it very difficult for the conversation to have any conversation in which we use the word islam. for instance -- >> they want you fired. >> at the museum, there is a seven-minute film they object to that uses the term jihad that

uses the term islamic terrorism. >> let me ask you this, debra, do you find it ironic that a group like care wants to take the moral high ground on this issue, somebody like a 9/11 family member who had a brother die in the 9/11 attacks? >> well, i have to say, megyn, that, you know, my brother was killed in the cockpit of his plane by men yelling muslim. we heard those plane by men yelling. we heard those words on the united 93 cockpit tape. the men who killed my brother left documentation explaining this was the religious do imperative from the koran to do it. we heard from bin laden afterwards. to try and separate them from se that, i think is really a form e of insanity. that is the phobia we face. to talk about islam and the feaa

of telling the truth about it, t if they can get away with silencing some like me, they will silence other people. their real target isn't ar in. americans. it's peaceful, nonviolent muslims they want to instill fear in. >> they have no plans to dismiss here. we'll be right back.

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switch now and add voice and tv for $34.90. comcast business built for business. that's that's little willow smith singing away there. the superstar parents are record reportedly under investigation. willow is lying in bed with a 20-year-old man.

>> the 20-year-old actor is best known for his role on hannah montana. the picture shows willow fully dressed laying on a bed with moses shirtless under the sheets. he posted the picture on his instagram account and it went viral. they're investigating will smith and jada smith after getting an anonymous tip about the safety and welfare of willow. they have been been extremely cooperative with officials. of course, they're not happy that their parenting skills are under scrutiny, but they understand. >> there was nothing sexual about that picture or that situation. you guys are projecting your trash onto it. that's not cool.

>> we contacted dcf and they won't talk about the investigation. they did say the bar for investigating is very low. if somebody reports a problem, even if there is no proof, they are required to investigate within five days. investigations rarely end after one interview. >> trace, thanks. tell us what you think. we'll be right back. not just "everything at the hardware store." not "everything, until you hit your cash back limit." quicksilver can earn you unlimited 1.5% cash back on everything you could possibly imagine. say it with me -- everything. one more time, everything! and with that in mind... what's in your wallet? and with that in mind... are those made with all-beef, karen? yeah, they're hebrew national. but unlike yours, they're also kosher. kosher? yeah, they're really choosy about what goes in. so, only certain cuts of kosher beef meet their strict standards

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we're so we're posting the top of our show with our memo and our interview with chairman miller as well as mark on our facebook page. facebook.com/thekellyfile. thanks for watching. this is "the kelly file." this is a fox news alert. tonight you'll hear from a former pentagon spokesman who says he has proof that men at guantanamo bay are receiving better treatment than people at the va. the va scandal is not just limited to neglect at a phoenix hospital. there's allegations